Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsGrading, Packing and Marking of Eggs intended for sale in the Republic of South AfricaPart lll : Marking Requirements8. Marking of containers and outer containers |
| (1) | Containers and outer containers shall be marked at least in English with the following particulars and in the following manner: Provided that, if so preferred, the containers and outer containers may, in addition to English, also be marked in any other official language of the Republic of South Africa, or in the case of imported eggs, in the language of the country of origin: |
| (a) | The size and grade of eggs, as set out in regulation 10, shall be indicated on the front or top panel of the container or outer container: Provided that where the aforementioned information is indicated on the outer container, a list of the sizes and/or grades with boxes next to them that can be ticked may be used: Provided further that the boxes ticked shall correspond with the actual size and/or grade of the eggs packed in such outer containers. |
| (b) | The expression "eggs" shall be indicated on the front or top panel: Provided that the following information may precede or follow the expression "eggs" in letters of the same size, font and colour: |
| (i) | The specific production methods, namely "cage", "barn" or "free range": Provided further that the production method indicated shall at least comply with the applicable definition in regulation 1. |
| (ii) | The particulars referred to in paragraphs (a), (c) and (e). |
| (iii) | Registered trademarks which include any reference related to a particular feed ingredient such as but not limited to "grain fed" and "canola", and which has been registered for use on eggs and/or allowed for on eggs prior to 15 April 2016 (i.e. the date of publication of the egg amendment regulations in the Government Gazette in 2016). |
| (iv) | Registered trademarks or brand names which include the name of a farm, name/surname of the owner/packer/producer, the name of the registered company or closed corporation, or any other names which does not make any health or nutrition claims and which has been registered for use on eggs and/or allowed for on eggs prior to 15 April 2016 (i.e. the date of publication of the egg amendment regulations in the Government Gazette in 2016). |
| (c) | The expression "Pasteurised" shall be indicated on the front or top panel if the eggs have been pasteurized: Provided that the standards set out in regulation 8(5) have been complied with. |
| (d) | Details about the packer, as set out in regulation 11, shall be indicated on any panel. |
| (e) | If the eggs were not obtained from the species Gallus gallus domesticus, the name of the species from which the eggs were obtained shall be indicated on the front or top panel. |
| (f) | The "best before" or "best quality before" date shall be indicated on any panel: Provided that such date shall— |
| (i) | in the case of unpasteurised eggs not exceed 40 days from the |
| (ii) | in the case of pasteurised eggs not exceed 56 days from the date of lay of the eggs; |
| (iii) | be preceded by the expression "best before" or the abbreviation "BB", or "best quality before", as the case may be; |
| (iv) | be indicated in the sequence "day-month-year" (i.e. "dd/mm/yyyy") when numbers only are used: Provided that in the case of imported products where an altered date sequence is used, the month shall be indicated in letters, either written out in full or abbreviated, and the year shall be written out in full; and |
| (v) | not be removed or altered by any person. |
| (g) | The expression "oiled" shall be indicated on the front or top panel if the eggs have been coated with food grade mineral oil. |
(h)
| (i) | Other descriptions, statements, expressions, markings or claims which implies a message of eggs being healthy or healthier, additive-free, or energy and/or nutritionally enhanced or improved by any method, including agricultural practices, shall comply with the requirements of the regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972). |
| (ii) | The producer, packer or retailer shall upon request provide the Executive Officer with the necessary scientific based evidence justifying the use of these claims. |
(2)
| (a) | Eggs shall only be marked with the expression "free range" if such eggs are produced by poultry which— |
| (i) | are not caged and are housed in a shed/ barn with a stocking density not exceeding 10 adult hens per square meter of available floor space; and |
| (ii) | have daily access to an outdoor range area not exceeding 5 adult hens per square meter: Provided that— |
| (aa) | such outdoor range shall— |
| (aaa) | be accessible through openings in the side of the shed/ barn; |
| (bbb) | be maintained in a manner that allows for a minimum of 50% living vegetation present at all times; and |
| (ccc) | have adequate shade by way of trees or artificial structures at the rate of 4 square meters per 1000 adult hens; and |
| (bb) | egg producers may during the high risk period for Highly Pathogenic Avian Influenza (HPAI) or during an outbreak of Virulent Newcastle disease (vND), house free range flocks indoors for a maximum continuous period of 24 weeks during a year: Provided further that— |
| (aaa) | the commencement of the 24 week period shall start on the date on which the flock concerned is confined to the shed/barn; |
| (bbb) | the producers shall on or before the first day of commencement inform the designated assignee that the flock is/will be confined indoors; and |
| (ccc) | each producer shall keep accurate records about the dates on which the flock is confined to the shed/barn and allowed to roam outdoors again. |
| (b) | If the 24 week confinement period referred to paragraph (a)(ii)(bb) above is exceeded, all eggs produced thereafter shall be marked and presented for sale as "barn eggs". |
| (c) | Egg producers shall, on or before the first day of commencement of confinement, inform the channels of distribution used and their customers, that the flock concerned is being confined to the shed/barn under veterinary instruction, and shall advise their distribution channels and their customers to display notices advising the consumers of the confinement of the flock. |
| (3) | Eggs shall only be marked with the expression "barn eggs" if such eggs are produced by poultry that are not caged but are confined to a shed/ barn indoors, with a stocking density not exceeding 10 adult hens per square meter of available floor space. |
| (4) | Eggs shall only be marked with the expression "cage eggs" if such eggs are produced by poultry that are kept in cages throughout their laying period: Provided that— |
| (a) | cages shall be within a shed and may include a nest box, perch and a dust bath; and |
| (b) | birds shall have adequate space to feed and lay. |
| (5) | Eggs shall only be marked with the expression "pasteurised" if such eggs were exposed to a controlled heat treatment process (e.g. irradiation, microwave, hot air and/or hot water) to ensure a minimum of 5 logarithmic reduction (5 log) of the target organism (Salmonella spp. in this case) in the coldest egg: Provided that— |
| (a) | producers shall have the following requirements in place: |
| (i) | Sorting of eggs by weight (5g tolerance, i.e. 2.5g deviation both sides of the target weight) and removal of cracked eggs since the pasteurisation process (heat treatment) require uniform eggs sizes and uncracked eggs to be effective. |
| (ii) | Microbiological tests of pasteurised eggs as part of a Quality Management System. |
| (iii) | Good Manufacturing Practices (GMP) to ensure that adequate separation of unprocessed eggs and pasteurised eggs occurs inside the packing station and that the same workers do not handle unpasteurised and pasteurised eggs. |
| (iv) | Regular screening of chicken flocks in the egg production units for Salmonella spp. |
| (v) | Traceability of the eggs. |
| (vi) | Record keeping of all processes. |
| (b) | a logarithmic reduction of 4 may apply for the coldest egg if a validated Salmonella spp. management system is in place along the entire value chain; and |
| (c) | the following egg quality related aspects shall be kept in mind: |
| (i) | The egg whites may be slightly opaque but no gelling, coagulation and lumps may be present. |
| (ii) | The pasteurisation temperature may vary between 54°C and 59°C, but it is advised that the eggs should not be kept for long at the higher temperatures or go above 59°C since the eggs whites may become unacceptable from a quality viewpoint. |
| (iii) | The thick white part of the eggs shall be reasonably firm with a Haugh Value of at least 65 units and maintain a value of more than 60 after 56 days. |
| (6) | The provisions of this regulation shall also apply to— |
| (a) | particulars that are marked on a notice board displayed at or in the immediate vicinity of eggs; and |
| (b) | all advertisements and any other promotional material related to the sale of eggs. |
| (7) | Any information appearing on any container or outer container, in terms of these regulations, shall be marked in letters and figures that— |
| (a) | appear on a contrasting background; |
| (b) | are clearly legible; and |
| (c) | comply with the minimum vertical heights stipulated in columns 2 and 3 of Table 1 of the Annexure, opposite the corresponding nature of indication set out in column 1 of the said table. |
| (8) | If eggs have been imported into the Republic of South Africa— |
| (a) | in containers in which such eggs will be sold, the name of the country of origin thereof, preceded by the expression "Imported from" shall be indicated on each such container and outer container together with the particulars referred to in regulation 11; or |
| (b) | in bulk for the purpose of repacking into containers, the expression "Imported from" followed by the expression "Packed by" shall be indicated on such container and outer container together with the particulars referred to in regulation 11; |
| (c) | the outer containers and containers shall be marked with the expression "eggs have been refrigerated", or any other expression having a similar meaning, on the top or front panel; |
| (d) | the outer containers and containers shall, for the purpose of traceability, be marked with the name of the farm in the country of origin; and |
| (e) | the importer shall ensure that the requirements set out in the "Prohibition regarding the removal of imported regulated agricultural products intended for the sale in the Republic of South Africa from the prescribed ports of entry" published in terms of the Act have been met. |
| (9) | The vertical height of the letters and figures used to indicate the applicable size and grade designation referred to in sub-regulation (1), shall not be less than any letter or figure, excluding a letter or figure used in the trade mark or brand name of the packer, or in the expressions "Eggs", "Free Range Eggs" or "Barn Eggs", that appears on the container or outer container into which the eggs are packed. |